Racing Restriction Act 2003

In this Act, unless the contrary intention appears —

with a value, or of an amount, exceeding that prescribed in relation to prizes for that kind of race under the rules of racing; or

if no value or amount is prescribed in relation to prizes for that kind of race under the rules of racing, with a value, or of an amount, exceeding $50;

A word or expression used in this Act has the same meaning as it has in the RWWA Act unless —

this Act gives it another meaning; or

the contrary intention appears in some other way.

is licensed by RWWA under the RWWA Act; and

is held at a racecourse that is licensed by RWWA under the RWWA Act.

is licensed by RWWA under the RWWA Act; and

is held at a racecourse that is licensed by RWWA under the RWWA Act.

is licensed by RWWA under the RWWA Act; and

is held at a racecourse that is licensed by RWWA under the RWWA Act.

This section does not apply to thoroughbred races or harness races.

A horse or pony race for a stake or prize or for the purpose of betting must not be held unless the race is —

conducted by an ARO in accordance with the conditions of the Minister’s approval of that ARO under section 9; or

licensed by RWWA under section 12 and conducted in accordance with the conditions of that licence.

any person who holds the race;

any person on whose behalf the race is held;

each member of any managing body or committee of any association of persons, whether incorporated or not, which holds the race;

each member of any managing body or committee of any association of persons, whether incorporated or not, on whose behalf the race is held; and

any person who acts at the race as a steward, starter or judge or otherwise assists in the conduct of the race.

A person may apply to the Minister to be approved by the Minister as an approved racing organisation if the person —

is a body corporate;

has the capacity to hold horse or pony races for a stake or prize or for the purpose of betting; and

has the capacity to meet the requirements prescribed by the regulations for the purposes of this subsection.

An applicant for approval as an ARO is to provide with the application —

a copy of the rules under which it proposes to hold races and details of the kinds of races it proposes to hold;

details of the racecourse, or racecourses, at which it proposes to hold races; and

any other information that the Minister requires for the purposes of a proper consideration of the application.

The Minister may approve an applicant as an ARO if the Minister is satisfied that —

the applicant meets the requirements of subsection (1);

the rules provided by the applicant under subsection (2)(a) are suitable; and

it is not contrary to the public interest to do so.

In determining whether it is contrary to the public interest to approve an applicant as an ARO the Minister may have regard to the capacity of the applicant —

to control races held by it; and

to conduct the races honestly and free from criminal influence.

An approval may be subject to any conditions that the Minister thinks appropriate and sets out in, or attaches to, the approval.

An approval includes an approval of the rules provided by the applicant under subsection (2)(a).

If the Minister decides not to approve an applicant as an ARO, the Minister is to give the applicant reasons in writing for the decision.

The Minister is not to approve an applicant as an ARO in relation to the holding of a thoroughbred race or a harness race.

The Minister may —

on the Minister’s own initiative or on the application of an ARO, vary or revoke the conditions to which the approval of the ARO is subject; or

on the application of the ARO, approve a variation of the rules provided by the ARO that are approved under section 9(6).

An ARO must not vary the rules provided by the ARO that are approved under section 9(6) without the approval of the Minister.

An ARO is to provide to the Minister any information that the Minister requires for the purposes of this section.

If the Minister is satisfied that —

an ARO no longer meets the requirements of section 9(1); or

it is not in the public interest for a body to remain approved as an ARO,

If the Minister is satisfied that —

an ARO has contravened a provision of this Act; or

an ARO has breached a condition of its approval as an ARO,

A person may apply to RWWA under this section for a licence to hold a horse race for a stake or prize or for the purposes of betting if —

the person is not a racing club registered under the RWWA Act;

the person is not eligible to apply for a licence for the race under the RWWA Act; and

there is no ARO that is eligible to hold the race meeting or race.

An applicant for a licence under this section is to provide with the application —

a copy of the rules under which it proposes to hold the race and details of the kind of race it proposes to hold;

details of the racecourse at which it proposes to hold the race; and

any other information that RWWA requires for the purposes of a proper consideration of the application.

RWWA may issue the licence if RWWA is satisfied that —

the applicant meets the requirements of subsection (1);

the rules provided by the applicant under subsection (2)(a) are suitable; and

it is not contrary to the public interest to do so.

A licence may be issued subject to any conditions that RWWA thinks appropriate and sets out in, or attaches to, the licence.

A licence includes an approval of the rules provided by the applicant under subsection (2)(a).

If RWWA decides not to issue the licence, RWWA is to give the applicant reasons in writing for the decision.

RWWA is not to issue a licence under this section in relation to the holding of a thoroughbred race or a harness race.